Disclosure orders are a key tool for individuals and organisations needing access to vital information and documents to progress their legal action. The experienced commercial litigation lawyers at ParrisWhittaker are highly experienced in securing disclosure orders for their clients.
For example, we recently secured a disclosure order against a Bahamas-based asset management company. Our corporate client sought disclosure against the other side because it possessed crucial data and/or documents supporting allegations of wrongdoing against the company’s former CEO.
Our client needed to identify the full circle of defendants and access the data and documents to enable it to prosecute its case in the home country, as well as defend proceedings brought by the former CEO.
Disclosure against innocent parties
There does not have to be illegal or suspected illegal conduct or wrongdoing on the part of the defendant to an application to secure a disclosure order. A Norwich Pharmacal order is a type of disclosure order which imposes a legal duty on an individual or corporation to disclose documents/information that might assist with identifying a third party suspected of wrongdoing – even if that individual/corporation is innocent.
The third party could be suspected of fraudulent or other criminal activity, or a civil tort such as defamation or breach of contract, with the defendant having crucial information that could assist. In a recent case before the Grand Court of the Cayman Islands, in one of the first decisions of its kind, a firm successfully obtained a Norwich Pharmacal order against a registered office service provider providing for the disclosure of documents to assist in the enforcement of a foreign arbitral award.
It’s crucial to emphasise that this order is made against an innocent party not the party suspected of any wrongdoing. It is ordered because that innocent party holds, or is thought to hold essential information that can help ascertain where the fault or criminal activity lies.
With the increasing sophistication of technology, disclosure orders are increasingly useful – particularly in view of the rise in cyber crime and the impact on business. For that reason, orders such as the Norwich Pharmacal order are a particularly useful tool in tackling cyber crime, facilitating the disclosure of the identification of individuals suspected of being involved in criminal activity.
What should we do?
If you urgently need to obtain information or documentation from a third party, you may be able secure a disclosure order for its release. There may be all sorts of reasons for needing the information, ranging from suspected cyber crime or other illegal activity to breach of commercial contract or libel.
We can advise you on applying to the courts for a suitable disclosure order in order to successfully pursue legal action against a third party suspected of criminal activity or other wrongdoing.
Conversely, if a disclosure order has been imposed on you and you’re innocent of any wrongdoing, we can help to put your mind at ease. We will check the terms of the order and ensure you are able to comply without compromising your own interests as far as is possible. In some cases, there may be grounds to appeal it.
The solicitors at ParrisWhittaker are tenacious, experienced and willing to protect their clients’ interests robustly, so get in touch with us as early as possible for specialist advice. Contact us at info@parriswhittaker.com
